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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. Seoul Trust Bank Co., Ltd. (hereinafter “Seoul Trust Bank”) loaned KRW 2,600,000 to the Defendant on June 14, 1995.
(hereinafter “instant loan”). (b)
Seoul Bank filed a lawsuit against the defendant for the payment of the loan of this case as Seoul Central District Court Decision 2002Da1519902, Oct. 8, 2002, the Seoul Bank rendered a judgment that "the defendant shall pay to the Seoul Bank 3,840,719 won and 2,600,000 won which are calculated at the rate of 19% per annum from September 27, 2002 to the full payment date" (hereinafter referred to as "prior judgment"), and the judgment became final and conclusive on Nov. 15, 2002.
C. On April 12, 2007 and May 23, 2007, Han Bank Co., Ltd. transferred the above loan claims to the Plaintiff on September 3, 2009, to the Korea Ef&A specialized in Ef&A’s error securitization, to the Korea Ef&A’s limited company specialized in Ef&A’s error securitization, to the Komato Mutual Savings Bank on September 3, 2009, and to the Plaintiff on July 2, 2010, and each of the above assignment of claims was notified to the Defendant.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, the final transferee of the instant loan claim (i.e., principal amount of KRW 10,919,912 (=interest of KRW 2,600,000) and damages for delay calculated by the rate of 20% per annum from March 16, 2013 to the date of full payment, which is the day following the day of service of the original copy of the instant payment order, to the day of payment.
As long as the Plaintiff filed the instant lawsuit for the extension of extinctive prescription of a claim established by a prior judgment, there exists a benefit of protecting rights as a lawsuit for interruption of extinctive prescription.
B. As to the Defendant’s assertion of extinctive prescription, the Defendant’s claim for the instant loan is extinctive prescription.